KPC [2022] NSWCATGD 20

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KPC [2022] NSWCATGD 20 Hearing dates: 27 August 2022 Date of orders: 27 August 2022 Decision date: 27 August 2022 Jurisdiction: Guardianship Division Before: S Barnes, Senior Member (Legal) L Houlahan, Senior Member (Professional) Dr J M Green, General Member (Community) Decision: 1. A guardianship order is made for KPC. 2. LZC, of [Address removed for publication.], is appointed as the guardian. 3. This is a continuing guardianship order for a period of three months from 27 August 2022. 4. This is a limited guardianship order giving the guardian(s) custody of KPC to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KPC may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KPC to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care KPC may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KPC is not capable of giving a valid consent. e) Services To make decisions about services to be provided to KPC. f) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence KPC's behaviour: Chemical restraint CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KPC to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian may only consent to the use of the types of restrictive practices permitted under this order to influence KPC's behaviour: (i) as a last resort to prevent KPC harming himself or others; (ii) where the restrictive practice is used in the least restrictive form, and for the shortest time necessary to prevent harm to KPC or other persons; (iii) after consideration of the likely impact of the restrictive practice on KPC; and (iv) in accordance with a behaviour management plan devised by the hospital treating team which is reviewed regularly and as soon as practicable after any change in KPC's circumstances. Catchwords: GUARDIANSHIP – application for a guardianship order – after hours hearing – subject person an in-patient at a public hospital – drug-related admission – veteran with post-traumatic stress disorder – urgent hearing requested as subject person at risk of absconding – subject person with impaired decision-making capacity – need for medical and dental consent decisions – need for healthcare decisions – need for others to bring accommodation decisions into effect – restrictive practices decisions – chemical restraint – suitability of proposed guardian – private guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14(1)–(2), 15(3), 17 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) Re B [2011] NSWSC 1075 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application